THE KOWLOON MOTOR BUS CO (1993) LTD v. K K CARGO SYSTEMS (HK) LTD AND ANOTHER

THE KOWLOON MOTOR BUS CO (1993) LTD v. K K CARGO SYSTEMS (HK) LTD AND ANOTHER

The Court dismissed the appeal: the trial judge lawfully admitted and properly weighed the hearsay evidence under the Evidence Ordinance, properly considered s47A/ s49 factors (including impracticability of producing voluminous primary documents and the audited nature of the company records), and was entitled to...

Source-derived case information.

Citation
THE KOWLOON MOTOR BUS CO (1993) LTD v. K K CARGO SYSTEMS (HK) LTD AND ANOTHER
Parties
Plaintiff (respondent): THE KOWLOON MOTOR BUS CO (1993) LTD; 1st Defendant (appellant): K K CARGO SYSTEMS (HK) LIMITED; 2nd Defendant (appellant): TSE LAI WO
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
4 April 2003
Case Number
CACV372/2002
Procedural Posture
Civil Appeal (on Appeal From District Court Interlocutory Judgment on Damages) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Loss of Use, Hearsay Evidence, Weighing of Evidence, Evidence Ordinance Ss47/47 A/48/49, Multiplicand Assessment, Costs and Interest
Source Language
en
Tort Evidence Civil Procedure Commercial Law Motor Vehicle Accidents Damages Loss of Use Hearsay Evidence +4 more

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Parties

THE KOWLOON MOTOR BUS CO (1993) LTD

Plaintiff (respondent)

K K CARGO SYSTEMS (HK) LIMITED

1st Defendant (appellant)

TSE LAI WO

2nd Defendant (appellant)

Procedural Posture

Civil Appeal (on Appeal From District Court Interlocutory Judgment on Damages) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in accepting and giving full weight to hearsay evidence in assessing the multiplicand for loss of use
  2. 2 Whether the Evidence Ordinance (ss47,47A,49) required exclusion or reduction of weight of the hearsay evidence due to lack of notice or primary documents
  3. 3 Whether appellate court should interfere with trial judge's factual findings on weight of evidence

Ratio Decidendi

The Court dismissed the appeal: the trial judge lawfully admitted and properly weighed the hearsay evidence under the Evidence Ordinance, properly considered s47A/ s49 factors (including impracticability of producing voluminous primary documents and the audited nature of the company records), and was entitled to accept the unchallenged evidence where defendants failed to obtain documents or cross-examine; appellate court will not disturb such findings of fact.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Order nisi that the defendants pay the costs of the appeal to the plaintiff